********************************************************
NOTICE
********************************************************
This document was converted from
WordPerfect to ASCII Text format.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.
*****************************************************************
Federal Communications Commission
Washington, D.C. 20554
October 14, 1997
Released: October 15, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Jovon Broadcasting Corporation
Licensee, WJYS(TV)
18600 South Oak Park Avenue
Tinley Park, IL 60477
Dear Licensee:
This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in
the amount of twenty thousand dollars ($20,000) pursuant to Section 503(b) of the
Communications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to
the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R.
0.283, for repeated violations of the Commission's rule limiting the amount of commercial
matter that may be aired during children's programming.
In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000,
codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to
adopt rules, inter alia, limiting the number of minutes of commercial matter that television
stations may air during children's programming, and to consider in its review of television
license renewals the extent to which the licensee has complied with such commercial limits.
Pursuant to this statutory mandate, the Commission adopted Section 73.670 of the Rules, 47
C.F.R. 73.670, which limits the amount of commercial matter which may be aired during
children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on
weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in
part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1,
1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).
On April 1, 1997, you filed an application for renewal of license (FCC Form 303-S)
for Station WJYS(TV), Hammond, IN (BRCT-970401KS). In response to Section III,
Question 4 of that application you state that during the previous license term WJYS(TV)
failed to comply with the limits on commercial matter in children's programming specified in
Section 73.670 of the Commissions Rules. In Exhibit 4 to that application you indicate that
between May 28, 1996, and February 19, 1997, WJYS(TV) violated the children's television
commercial limits on 81 occasions. Of these commercial overages, nine were 30 seconds in
duration; 11 were one minute in duration; 17 were one minute and 30 seconds in duration; 29
were two minutes in duration; 12 were two minutes and 30 seconds in duration; two were
three minutes in duration; and one was three minutes and 30 seconds in duration. You
explain that from 1991 to 1995 the station had been a "Home Shopping Network play back
facility"; that WJYS(TV) "lacked a computer network and reliable traffic and accounting
systems" when it changed its format to that of a conventional station in 1995; that the
reported overages were discovered in the course of preparing the station's renewal application;
that after the overages were discovered WJYS(TV) established policies and procedures to
prevent recurrence of the violations; and that since implementation of the new procedures the
station has experienced no commercial overages in children's programs.
WJYS(TV)'s record of exceeding the children's television commercial limits on 81
occasions during the last license term constitutes a repeated violation of Section 73.670 of the
Commission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act,
Jovon Broadcasting Corporation is hereby advised of its apparent liability for forfeiture in the
amount of twenty thousand dollars ($20,000) for its apparent repeated violation of Section
73.670 of the Commission's Rules. The amount specified was reached after consideration of
the following criteria: (1) the number of instances of commercial overages; (2) the length and
nature of each such overage; (3) the period of time over which such overages occurred; (4)
whether or not the licensee established an effective program to ensure compliance; and (5) the
specific reasons that the licensee gives for the overages. These criteria are appropriate in
analyzing violations of the commercial limits during children's programming, since they take
into account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and,
with respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the
Communications Act.
WJYS(TV) exceeded the children's television commercial limits on 81 occasions. This
is a very high number of violations. Further, 72 of the overages were one minute or longer in
duration, and 44 of those were two minutes or longer in duration. Overages of this number
and duration mean that children have been subjected to commercial matter greatly in excess
of the limits contemplated by Congress when it enacted the Children's Television Act of 1990.
In addition, the only explanation for the violations offered by the licensee is the
assertion that WJYS(TV) "lacked a computer network and reliable traffic and accounting
systems" when it operated as a "Home Shopping Network play back facility". However,
according to the licensee's explanation, the station changed its format from home shopping to
conventional programming sometime in 1995. The period of frequent and continuous
violations began on May 28, 1996, at least six months after the station made the transition to
conventional programming. Further, the period of frequent and continuous violations
continued for nine months, and, according to the licensee's own explanation, was discovered
only because station personnel began preparation of WJYS(TV)'s license renewal application.
Thus, it is apparent that the licensee not only failed to establish any program for compliance
with the children's television commercial limits, but also failed to notice or rectify the
deficiency for an extended period of time. The fact that WJYS(TV) may have eventually
implemented policies and procedures to prevent subsequent violations of the Commission's
children's television rules does not relieve the licensee of liability for violations which have
occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHK-TV, supra 10
FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation
(WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSB-
TV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).
Consideration of all of these factors warrants a forfeiture in the above-specified amount of
$20,000. Cf., Jefferson-Pilot Communications Company (WBTV(TV)), 12 FCC Rcd 2526
(1997)($20,000 forfeiture for 79 commercial overages); WTWS(TV), supra 9 FCC Rcd at
1715 ($20,000 forfeiture for 80 commercial overages).
You are afforded a period of thirty (30) days from the date of this letter "to show, in
writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the
forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced
shall include a detailed factual statement and such documentation and affidavits as may be
pertinent." Section 1.80(f)(3) of the Commission's Rules,
47 C.F.R. 1.80(f)(3). Other relevant provisions of Section 1.80(f)(3) of the Commission's
Rules are summarized in the attachment to this letter.
Notwithstanding the substantial nature of the violations described here and the severity
with which we regard them, we find you qualified to remain a Commission licensee and
conclude that grant of your application would serve the public interest, convenience and
necessity. Accordingly, the application of Jovon Broadcasting Corporation, for renewal of
license for Station WJYS(TV), Hammond, IN (BRCT-970401KS), is hereby GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief, Mass Media Bureau
Enclosure
cc: Elizabeth A. McGeary, Esq.
kwjysfr3.rel
$// JOVON BCSTNG CORP, WJYS(TV) (Hammond, IN) DA 97-2192 //$
$/ 300.503(b) FORFEITURES (NAL) /$
$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$